A charge of DUI may impact your CDL tremendously. Further, even a reduction from DUI to a lesser offense may still potentially harm your CDL. As always, the key is educating yourself regarding the potential dangers that come with a DUI charge and the almost inevitable fallout follows.
Importantly, you may lose your CDL privilege whether you are arrested for DUI while driving a commercial vehicle or a private car. However, it is considered far more severe if you are arrested for DUI while driving a commercial vehicle. Therefore the restrictions and applicable laws are far stricter than regular DUIs.
The demands that you not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol concentration of 0.04 or more. Further, law enforcement shall issue an out-of-service order valid for twenty-four hours against a person who drives, operates, or is in physical control of a commercial motor vehicle while having alcohol in his or her system or who refuses to take a test to determine his or her alcohol content as provided by RCW 46.25.120. RCW 46.25.110
In Washington State a CDL holder has specific duties if he is convicted of a driving related crime. A CDL holder who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control, in any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the DOL thirty days of the date of conviction and also his employer in writing of the conviction within thirty days of the conviction. RCW 46.25.030(1)(a)(b) Similarly, a CDL holder must also notify his employer if his driver's license is suspended, revoked, or canceled by a state, who loses the privilege to drive a commercial motor vehicle in a state for any period, or who is disqualified from driving a commercial motor vehicle for any period. RCW 46.25.030(1)(d) Such notification must take place before the end of the business day following the day the driver received notice of that fact.
In the DUI context the CDL holder is disqualified from driving a commercial motor vehicle for a period of not less than one year if he is suspended pursuant to a Department of Licensing ruling or if the person has been convicted of a first violation, of DUI or driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more, or driving a noncommercial motor vehicle while the alcohol concentration in the person's system is 0.08 or more, or is 0.02 or more if the person is under age twenty-one. RCW 46.25.090
Unfortunately for the CDL holder the disqualification of their license may also occur even if the DUI has been amended. Such examples include the disqualification of the CDL for not less than 60 days if there is a conviction of reckless driving where there has been a prior serious traffic violation or 120 days if convicted of reckless driving where there has been two or more prior serious traffic violations.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Whatcom County DUI attorneys or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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